The Weekly Law Reports
[2005] 1 WLR 2176
Southwark Consistory Court
In re
West Norwood Cemetery
2004 Nov 16;
2005 Feb 24
2005 Feb 24
George QC Ch
Ecclesiastical law
— Faculty
— Municipal cemetery
— Disinterment
— Remains buried without consent of legal owner of exclusive burial rights
— Whether exclusive burial rights “possessions”
— Whether refusal of petition for exhumation interference with Convention rights
— Whether giving rise to right to exhumation
— Whether burial rights held on constructive trust for family
— Whether legal owner estopped from withholding consent
— Whether petition for exhumation to be granted
—
Human Rights Act 1998 (c 42), Sch. 1, Pt II, art 1